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Antitrust and intellectual property law have traditionally been antagonistic forces. While each doctrine is supposedly designed to foster innovation and economic efficiency, they approach those issues from opposite poles – antitrust attacks market power and intellectual property rights often create it. Some observers believe that the rapid expansion of intellectual property rights over the last decade has altered the balance between the two doctrines. That issue is at the heart of the announcement that the FTC and the Department of Justice Antitrust Division will conduct hearings on “Competition and Intellectual Property Law and Policy in the Knowledge-Based Economy.”

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